Charges dropped in Great America battery case, but state's attorney guarantees they will be refiled

Battery charges against a Waukegan man accused of attacking a family at Six Flags Great America last fall have been temporarily dropped by the Lake County State’s Attorney’s Office, but officials said Tuesday they will be refiled.

Gregory Battle, 18, was charged with with felony charges of aggravated battery causing great bodily harm and aggravated battery in a public place following a Sept. 23, 2017, incident at the Gurnee theme park.

In addition, Battle twice became a fugitive while out on pretrial bond, and both times was arrested in Waukegan.

“I 100 percent guarantee they will be refiled,” Lake County State’s Attorney Michael Nerheim said Tuesday of the charges against Battle.

Nerheim said that due to speedy-trial issues, his office decided to dismiss the charges on Sept. 20, just days before a year would have passed since the incident.

He said delays in Battle’s case prevented the state from being for trial within the one-year period mandated for those who invoke their right to a speedy trial.

Nerheim said one of the factors in the decision involved the current availability of victims to testify, but he added that he cannot discuss any medical issues involving victims.

Gurnee police said the Great America incident involved an attack by a group of nine people against a family of three from Batavia.

A civil suit filed by the family against the theme park stated that a 12-year-old family member suffered "permanent and disabling" injuries from the attack.

The suit also alleges that at least three family members were injured as a result of the brawl.

When charges are dismissed by a judge, double jeopardy issues may be raised if attempts are made to refile the same charges, but by law, those restrictions generally do not apply to charges voluntarily dismissed by prosecutors.

In addition to Battle, eight juveniles, ranging in age from 15 to 17, were charged in juvenile petitions for mob action. Officials have said that seven of the juvenile suspects were from Waukegan and one was from Beach Park.